Dhaka – Noting that the article 116 of the existing Constitution is one of the main reasons behind the slowness of the judiciary, Chief Justice SK Sinha on Monday demanded reinstatement of the same article of the country’s original national charter, UNB news agency reported.“The reinstatement of the article 116 of the Constitution formulated in 1972 under the leadership of Bangabandhu Sheikh Mujibur Rahman is the demand of time,” he said.
The Chief Justice said this in a message issued on the occasion of the 9th anniversary of the separation of the judiciary from the executive.
About the control and discipline of subordinate courts, the article 116 of the present constitution stipulates: ‘The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court’.
However, as per the Constitution of 1972, the control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service was completely exercised by the Supreme Court.
According to the 109 of the Constitution, Sinha said, the High Court shall have superintendence and control over all courts [and tribunals] subordinate to it, but the article 116 causes sluggish in judiciary.
So, the Supreme Court alone cannot promote and transfer the judges of all courts and tribunals subordinate to it, SK Sinha said, adding that judges cannot be appointed against vacant posts of many district courts due to the dual system.
The judiciary was separated from the executive on November 1, 2007 following the Supreme Court directives in the Masdar Hossain case.
